BHARTU Vs. RAM SARUP

JUDGEMENT

(1.) The question referred to the Full Bench in Regular Second Appeal No. 886 of 1969 is as follows:

(2.) The facts leading to the present controversy are that Ram Chander son of Ram Singh sold to the Appellant, Bhartu, land measuring 21 square yards out of 4 Kanals 2 marlas, bearing Khasra No. 99/4/2, Khatoni No. 204 and Khewat No. 100 through a registered sale deed dated May 19, 1966, for an amount of Rs. 300/-. Respondent Ram Sarup claiming himself to be a co-sharer in the said Khewat filed this suit for possession of the said land by way of pre-emption. Both the Courts below upheld the claim of the Plaintiff and decreed the suit. The correctness of the impugned judgment and decree was assailed by Mr. P.S. Jain, learned Counsel for the Appellant, on the ground that the sale being of a portion of a specific Khasra number and not of share out of the joint land, no right of preemption was available to the Respondent as a co-sharer in the Khewat. Reliance for this proposition was placed on two decisions, Bakhshish Singh V. Gurcharan Singh, 1972 PunLJ 672 and Smt Gurnam Kaur V. Ralla Ram and Ors., 1970 PunLJ 687 the former being a Division Bench case. Doubling the correctness of these decisions, the above noted question of law was referred for decision by a Full Bench.

(3.) The relevant provisions of Section 15 which is under consideration reds as under: